JUDGMENT 1. - This revision petition under Section 397/401 Cr.PC. is directed against the order dated 17.1.2003 whereby the application for getting the test identification conducted by the prosecution witness has been rejected by the Chief Judicial Magistrate, Sawai Madhopur. 2. Briefly stated the relevant facts are that dead fishes in huge quantity were 'recovered from the petitioner's shop on 7.10.2001 whereupon a case has been got registered which is pending investigation. The petitioner applied to the learned court below for issuing direction to the police for getting his test identification conducted by the prosecution witness but his application was rejected vide impugned order, hence this revision. 3. It has been contended by the learned counsel for the petitioner that it is the right of the accused to establish that the claim of the witness that he or she saw the accused at the scene of occurrence is false. Accused can do so by cross examination of witness himself and also making a request to the Court to pass order of holding test identification parade of the accused by the witnesses. In this regard he has cited the cases of Durga and others v. State of Rajasthan, 1982 RCC 389 and Hanuman Ram v. State, 1992 Cr.L.R. (Raj.) 670 . 4. Learned PP also could not controvert the contention of the learned counsel for the petitioner. 5. The application of the petitioner seems to have been rejected by the learned court below on the ground that the incident is of about 15 months ago and the witness has named him in his statement recorded soon after the occurrence. But in view of the law laid down in the afore- mentioned authorities, the accused has a right to establish that the claim of the witness Is false. In this regard he can make a request to the court to pass order of holding his test identification parade by the witness. The purpose which the test Identification parade will serve at the trial does not appear to be very material at this stage. The accused should be afforded an opportunity of getting the test identification parade conducted to show his innocence. Thus, the learned Judicial Magistrate appears to have un-justifiably ignored the authorities of this court referred to above and, therefore, his order appears to be un-sustainable. 6. The accused should be afforded an opportunity of getting the test identification parade conducted to show his innocence. Thus, the learned Judicial Magistrate appears to have un-justifiably ignored the authorities of this court referred to above and, therefore, his order appears to be un-sustainable. 6. In the re t, his revision petition is allowed and the order dated 17.1.2003 passed , by the learned Chief Judicial Magistrate, Sawai Madhopur Is set aside,. 'and the is directed to issue appropriate directions to the Investigating Agency to get test identification of the petitioner conducted as per law by the prosecution witness within a period of one month from the receipt of a copy of this order.Revision allowed - Direction given to arrange identification parade in respect of accused. *******